Witness Statements - Drafting Dangers & Pitfalls

Introduction

This session will set out the dangers and pitfalls which you can face when drafting witness statements.

Find out what guidance that can be gained from the judgment of Walker & Ors v Mills & Ors [2018] and Liverpool Victoria Insurance Company Ltd v Khan & Ors [2018] on the need to ensure that the witness statement is an account of the witness’s recollections when drafting.

The session will also consider the dangers arising when the witness’s evidence is different from that set out in the witness statement as highlighted in the cases of Gee v Depuy International Ltd [2018] and Rashid v Munir & Ors [2018].

What You Will Learn

This session will cover:

• The importance of the witness statement
• Consider your audience
• Rules and requirements for a witness statement
• The structure of the witness statement
• The contents of the witness statement - what to put in and what to leave out
• The dangers posed by poor drafting of the witness statement
• The witness statement and evidence

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.